Jubilee wants SCOK to Review its Decision

[vooke]

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Lawyer Charles Kanjama asked the current Supreme Court to review its own decision in the matter of Fredrick Otieno Outa vs Jared Odoyo and three others in petition number 6 of 2014.

The Court made a Novel and weighty decision...

It effectively ruled that it had powers, in exceptional circumstances, to review its own decisions.

I attach excerpts of their argument.

Two key statements

1. There is no injustice that the constitution of Kenya is powerless to redress

2. All courts except the Supreme Court are bound by decisions of The Supreme Court

As I said here, It is NOT over till it's over...
Source

[92] aking into account the edicts and values embodied in Chapter 10 of our Constitution, we hold that as a general rule, the Supreme Court has no jurisdiction to sit on appeal over its own decisions, nor to review its decisions, other than in the manner already stated in paragraph (90) above. However, in exercise of its inherent powers, this Court may, upon application by a party, or on its own motion, review, any of its Judgments, Rulings or Orders, in exceptional circumstances, so as to meet the ends of justice. Such circumstances shall be limited to situations where:
(i) the Judgment, Ruling, or Order, is obtained, by fraud or deceit;
(ii) the Judgment, Ruling, or Order, is a nullity, such as, when the Court itself was not competent;
(iii) the Court was misled into giving Judgment, Ruling or Order, under a mistaken belief that the parties had consented thereto;
(iv) the Judgment or Ruling, was rendered, on the basis of a repealed law, or as a result of , a deliberately concealed statutory provision.

http://kenyalaw.org/caselaw/cases/export/131766/pdf

[RV Pundit]

This need to happen

[KenyanPlato]

What a fucking malackey? expecting a court to reverse itself on matter like this is just expecting a miracle.. vooke call dr owour and get a prophecy you need it.. I say you have a better chance of seeing Jesus before SCOK reverses itself on this matter

[Omollo]

They have to amend the constitution first. The matter cited had no strict constitutional caveat on it. The Presidential election determination is constitutionally FINAL. Setting up a fake tribunal against Maraga, Mwilu and Lenaola so that you have Ibrahim, Njoki, Ojwang in some kind of majority means Jubilee cannot count!

1. The quorum for SCOK is 5
2. It is the JSC to recommend such a tribunal and JP does not control it
3.

140. (1) A person may file a petition in the Supreme Court to challenge the election of the President-elect within seven days after the date of the declaration of the results of the presidential election.
(2) Within fourteen days after the filing of a petition under clause (1), the Supreme Court shall hear and determine the petition and its decision shall be final.

It is time for Uhuru and his crooks to move on. Sitting in state house mourning and entertaining crazy ideas from Murkomen and Ruto won't work

[vooke]

They have to amend the constitution first. The matter cited had no strict constitutional caveat on it. The Presidential election determination is constitutionally FINAL. Setting up a fake tribunal against Maraga, Mwilu and Lenaola so that you have Ibrahim, Njoki, Ojwang in some kind of majority means Jubilee cannot count!

1. The quorum for SCOK is 5
2. It is the JSC to recommend such a tribunal and JP does not control it
3.

140. (1) A person may file a petition in the Supreme Court to challenge the election of the President-elect within seven days after the date of the declaration of the results of the presidential election.
(2) Within fourteen days after the filing of a petition under clause (1), the Supreme Court shall hear and determine the petition and its decision shall be final.

It is time for Uhuru and his crooks to move on. Sitting in state house mourning and entertaining crazy ideas from Murkomen and Ruto won't work

[bryan275]

I'm still wondering why both nasa and maraga are allowing the electoral fraudsters to run riot like they are.  It is clear that they're paying very dirty tricks against the judiciary and nasa itself.

Odinga and Co need to step up and deal with njoki circus, DPP ujinga and Jubilee electoral theft.  Even if it means releasing the evidence to the public. 

[Omollo]

Would you have wanted Raila to go back to court after 2013 on the grounds that 60% of the evidence was thrown out?

There is a reason why the constitution makes it clear that on matters Presidential Election, the determination is final. It is not subject to appeal, review or re-determination. All other matters may probably be entertained.

Jubilee should stop digging. Already they have lost based on previous unfair decisions aimed at other people. They are now trying create more loopholes then when the same is turned against them they would scream!

The answer to your question is: I do not want to see the SCOK entertain the application in any form of shape. The fact that I do not like the current government is not playing a role in shaping my opinion. Presidency is coveted in this country and you allow petitions UNLIMITED you will get them til the end of time!

There was even a time when parliamentary elections were limited to one high court determination. See what happened when the flood gates were opened? Some cases are finally determined two parliaments later!

[RV Pundit]

Agreed on the finality of the orders but not judgement. Judgement can be set aside without the orders.

Would you have wanted Raila to go back to court after 2013 on the grounds that 60% of the evidence was thrown out?

There is a reason why the constitution makes it clear that on matters Presidential Election, the determination is final. It is not subject to appeal, review or re-determination. All other matters may probably be entertained.

Jubilee should stop digging. Already they have lost based on previous unfair decisions aimed at other people. They are now trying create more loopholes then when the same is turned against them they would scream!

The answer to your question is: I do not want to see the SCOK entertain the application in any form of shape. The fact that I do not like the current government is not playing a role in shaping my opinion. Presidency is coveted in this country and you allow petitions UNLIMITED you will get them til the end of time!

There was even a time when parliamentary elections were limited to one high court determination. See what happened when the flood gates were opened? Some cases are finally determined two parliaments later!

[vooke]

Would you have wanted Raila to go back to court after 2013 on the grounds that 60% of the evidence was thrown out?

There is a reason why the constitution makes it clear that on matters Presidential Election, the determination is final. It is not subject to appeal, review or re-determination. All other matters may probably be entertained.

Jubilee should stop digging. Already they have lost based on previous unfair decisions aimed at other people. They are now trying create more loopholes then when the same is turned against them they would scream!

The answer to your question is: I do not want to see the SCOK entertain the application in any form of shape. The fact that I do not like the current government is not playing a role in shaping my opinion. Presidency is coveted in this country and you allow petitions UNLIMITED you will get them til the end of time!

There was even a time when parliamentary elections were limited to one high court determination. See what happened when the flood gates were opened? Some cases are finally determined two parliaments later!

[Kichwa]

Sometimes I wonder what folks mean when the say things like "I only want what is good for my country".  You particularly sound so disingenuous when we know exactly what you would have said if in 2013 Raila made such an application to the court.

Would you have wanted Raila to go back to court after 2013 on the grounds that 60% of the evidence was thrown out?

There is a reason why the constitution makes it clear that on matters Presidential Election, the determination is final. It is not subject to appeal, review or re-determination. All other matters may probably be entertained.

Jubilee should stop digging. Already they have lost based on previous unfair decisions aimed at other people. They are now trying create more loopholes then when the same is turned against them they would scream!

The answer to your question is: I do not want to see the SCOK entertain the application in any form of shape. The fact that I do not like the current government is not playing a role in shaping my opinion. Presidency is coveted in this country and you allow petitions UNLIMITED you will get them til the end of time!

There was even a time when parliamentary elections were limited to one high court determination. See what happened when the flood gates were opened? Some cases are finally determined two parliaments later!

[vooke]

Sometimes I wonder what folks mean when the say things like "I only want what is good for my country".  You particularly sound so disingenuous when we know exactly what you would have said if in 2013 Raila made such an application to the court.

Would you have wanted Raila to go back to court after 2013 on the grounds that 60% of the evidence was thrown out?

There is a reason why the constitution makes it clear that on matters Presidential Election, the determination is final. It is not subject to appeal, review or re-determination. All other matters may probably be entertained.

Jubilee should stop digging. Already they have lost based on previous unfair decisions aimed at other people. They are now trying create more loopholes then when the same is turned against them they would scream!

The answer to your question is: I do not want to see the SCOK entertain the application in any form of shape. The fact that I do not like the current government is not playing a role in shaping my opinion. Presidency is coveted in this country and you allow petitions UNLIMITED you will get them til the end of time!

There was even a time when parliamentary elections were limited to one high court determination. See what happened when the flood gates were opened? Some cases are finally determined two parliaments later!

[Omollo]

Was that judgment based on one issue? The Jubilee trickery of swapping forms post facto is non starter! They dished out too many of them and unless they also swap from all the petitioners, Interested parties amicus etc, it a nonstarter.

The bottom line is: Njoki is guilty of misconduct. Hakuna jingine hapo. And if they pursue it, that will be the outcome! There is a limit to trickery. Let the NIS apologize to Uhuru some other way like saying: After all it was not our job! Project reverse Judgement so that Uhuru can stage a civilian coup will not succeed.

Agreed on the finality of the orders but not judgement. Judgement can be set aside without the orders.

[RV Pundit]

The more reason for the court to conduct a judicial review - because Njoki happens to SCOK judge and she is saying something. If they dont - then I'd like Uhuru to form public inquiry led by senior judge - ala Kriggler commission - to review what happens both at IEBC and Judiciary.

Was that judgment based on one issue? The Jubilee trickery of swapping forms post facto is non starter! They dished out too many of them and unless they also swap from all the petitioners, Interested parties amicus etc, it a nonstarter.

The bottom line is: Njoki is guilty of misconduct. Hakuna jingine hapo. And if they pursue it, that will be the outcome! There is a limit to trickery. Let the NIS apologize to Uhuru some other way like saying: After all it was not our job! Project reverse Judgement so that Uhuru can stage a civilian coup will not succeed.

[Kim Jong-Un's Pajama Pants]

The more reason for the court to conduct a judicial review - because Njoki happens to SCOK judge and she is saying something. If they dont - then I'd like Uhuru to form public inquiry led by senior judge - ala Kriggler commission - to review what happens both at IEBC and Judiciary.

Was that judgment based on one issue? The Jubilee trickery of swapping forms post facto is non starter! They dished out too many of them and unless they also swap from all the petitioners, Interested parties amicus etc, it a nonstarter.

The bottom line is: Njoki is guilty of misconduct. Hakuna jingine hapo. And if they pursue it, that will be the outcome! There is a limit to trickery. Let the NIS apologize to Uhuru some other way like saying: After all it was not our job! Project reverse Judgement so that Uhuru can stage a civilian coup will not succeed.

There are at least 4 judges in SCOK and I am sure the registrar who disagree.  Why should what she says carry more weight?

[RV Pundit]

Judiciary only interest is to TRUTH & JUSTCICE. Njoki - a senior SCOK judge - is alleging serious miscarriage of justice might have happened . The only possibility I see that some fraud -either at IEBC or the Judiciary happened- the other judges relied on the Registar report - where IEBC supplied originals form  don't reconcile with certificated copies they sent the court.

Their either do this on their own (already petitions have been filled for judicial review) or well someone will do it. And if on 26th October Uhuru is elected by big majority - Judiciary will lose face and the oncoming assault from parliament-executive will supported by kenyans. They need to do this without anybody promoting...for their own redemption.Njoki basically made a stinging indictment of their decision.

We need the servers opened, we need the ballot boxes recounted and we need those forms re-examined again - we will still go for election but for posterity & accountability sake - we need to know what exactly happened here. Full investigation, public inquiry and judicial review would be in order.

There are at least 4 judges in SCOK and I am sure the registrar who disagree.  Why should what she says carry more weight?

[patel]

For a scok judge who has never asked even a single question in 2 presidential petition to think that the same judge would go digging all through the forms and details is not only oxymoron but plainly dumb

[RV Pundit]

290 forms can be examined in a single day. 40K forms can be examined in a week. There is no time limit because the review is not going to reverse the decision to go for election. It's about judges re-examining their decision because there is implicit fraud here.

For a scok judge who has never asked even a single question in 2 presidential petition to think that the same judge would go digging all through the forms and details is not only oxymoron but plainly dumb

[Omollo]

I prefer a commission so the matter of Jomo Gecaga threatening judges comes out. Please tell him to hurry. We need those County Commissioners who took over polling stations illuminated. I can't wait. 120 affidavits sworn but Orengo decided to leave the issue out.

Photos of the forms by agents available. Kassait's affidavit with copies of the same forms that were described and errors acknowledged will go along way to know how many nails to hammer in Njoki's coffin.

Read  about King Oedipus's quest and how finding the answer served him!
 

The more reason for the court to conduct a judicial review - because Njoki happens to SCOK judge and she is saying something. If they dont - then I'd like Uhuru to form public inquiry led by senior judge - ala Kriggler commission - to review what happens both at IEBC and Judiciary.

Was that judgment based on one issue? The Jubilee trickery of swapping forms post facto is non starter! They dished out too many of them and unless they also swap from all the petitioners, Interested parties amicus etc, it a nonstarter.

The bottom line is: Njoki is guilty of misconduct. Hakuna jingine hapo. And if they pursue it, that will be the outcome! There is a limit to trickery. Let the NIS apologize to Uhuru some other way like saying: After all it was not our job! Project reverse Judgement so that Uhuru can stage a civilian coup will not succeed.

[Omollo]

You leave out another possibility... is it by design?

The other judges relied on a report prepared by ALL the parties! Where were you when the ruling was made? It is a JOINT report hence the signatures of the Respondents and Petitioners!

Judiciary only interest is to TRUTH & JUSTCICE. Njoki - a senior SCOK judge - is alleging serious miscarriage of justice might have happened . The only possibility I see that some fraud -either at IEBC or the Judiciary happened- the other judges relied on the Registar report - where IEBC supplied originals form  don't reconcile with certificated copies they sent the court.

Their either do this on their own (already petitions have been filled for judicial review) or well someone will do it. And if on 26th October Uhuru is elected by big majority - Judiciary will lose face and the oncoming assault from parliament-executive will supported by kenyans. They need to do this without anybody promoting...for their own redemption.Njoki basically made a stinging indictment of their decision.

We need the servers opened, we need the ballot boxes recounted and we need those forms re-examined again - we will still go for election but for posterity & accountability sake - we need to know what exactly happened here. Full investigation, public inquiry and judicial review would be in order.

There are at least 4 judges in SCOK and I am sure the registrar who disagree.  Why should what she says carry more weight?

[vooke]

Socialite is quite shallow


Lawyer Donald K. Kipkorir

"Three Ways That Supreme Court Judgment Can Be Changed

Once Supreme Court has delivered its judgment, the matter is over and closed. The decision becomes binding on all Courts below without debate. If the Supreme Court said IEBC conducted the polls unlawfully, irregularly and illegally, then the High Courts and Magistrate Courts will have no room to wriggle.

The decision of the Supreme Court can only be overturned in three ways:

1. If the part of the judgment touch on Statutes only, like the Elections Act, Parliament can amend the law to comply with the judgment or to change that process. This amendment is prospective, not ex post facto. The Amendments will apply in 2022 Elections. The fresh Elections between UK and RAO will use existing laws. You don't change rules if a game is a repeat.

2. If the judgment touched on Constitutional issues , or to curtail powers of Supreme Court, then you deal with it by National Referendum. And Referendum process is long, complicated, divisive and expensive.

3. Last way is by the Supreme Court reversing itself in future decisions. There is no room for review of Supreme Court decisions. They are never reviewed. The Court is however allowed to change its mind in 2022. It can't change its mind now. To advise Jubilee that it can review the judgment is a fool's errand.

PS. Any Statute or Statutory Amendment that violates the Constitution is void."